Analisis Kebijakan Online Single Submission Terhadap Investasi Dalam Aspek Lingkungan Hidup

Abstract

Online Single Submission has been regulated in Government Regulation Number 24 of 2018 concerning Electronically Integrated Business Licensing Services, but in its implementation it still creates problems. The first problem is the unclear rules due to overlapping with the above regulations, namely Law Number 32 of 2009. The second problem is that there is legal uncertainty for business actors. and the third problem is that there are flawed procedures in granting licenses. This research uses normative legal research methods. This research examines principles, legal concepts, and laws and regulations related to the object of research. The results show that in its development, both normative and empirical, there has been legal uncertainty for business actors and flawed procedures in granting business licensing mechanisms. In the case of legal uncertainty for business actors, namely business actors who have succeeded in making commitments but have failed to fulfill the contents of their commitments within a predetermined period of time, the business actor will be penalized by failing to continue his business. In fact, after obtaining the commitment, the business actor can carry out land acquisition and carry out development for business actors who need infrastructure. However, if the fulfillment of this commitment fails, the building that has been built will contract and cannot continue to carry out business operations. In terms of procedural records, there has been an out of sync with the above regulations, namely Law no. 32/2009 which requires AMDAL documents to be pocketed, UKL-UPL has just obtained its business license, but with PP No. 24/2018, business actors obtain their business permits even though the AMDAL, UKL-UPL documents are fulfilled in the form of commitments. Therefore, in order to avoid overlapping in a sustainable manner and the achievement of the government's aspirations to realize an effort to facilitate investment (ease doing business) in Indonesia, the government should immediately make substitute regulations for this PP regarding OSS with regulations that pay more attention to environmental aspects, because by starting to pay attention to the current trend of sustainable investment developments. Sustainable investment is considered as the fastest growing investment genre in capital markets in various parts of the world, especially in developed countries.